Text: HSB00664 Text: HSB00666 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.401, subsection 5, unnumbered 1 2 paragraph 5, Code Supplement 1999, is amended to read as 1 3 follows: 1 4 If the controlled substance is amphetamine, its salts, 1 5 isomers, or salts of its isomers, or methamphetamine, its 1 6 salts, isomers, or salts of its isomers, the court shall order 1 7 the person to serve a term of imprisonment of not less than 1 8 forty-eight hours. Any sentence imposed may be suspended, and 1 9 the court shall place the person on probation upon such terms 1 10 and conditions as the court may impose. The court may place 1 11 the person on intensive probation. However, the terms and 1 12 conditions of probation shall require submission to random 1 13 drug testing. If the person fails a drug test, the court may 1 14 transfer the person's placement to any appropriate placement 1 15 permissible under the court order. 1 16 Sec. 2. Section 124.401D, Code Supplement 1999, is amended 1 17 to read as follows: 1 18 124.401D CONSPIRACY TO MANUFACTURE FOR DELIVERY OR 1 19 DELIVERY OR INTENT OR CONSPIRACY TO DELIVER AMPHETAMINE OR 1 20 METHAMPHETAMINE TO A MINOR. 1 21 1. It is unlawful for a person eighteen years of age or 1 22 older to act with, or enter into a common scheme or design 1 23 with, or conspire with one or more persons to manufacture for 1 24 delivery to a person under eighteen years of age a material, 1 25 compound, mixture, preparation, or substance that contains any 1 26 detectable amount of amphetamine, its salts, isomers, or salts 1 27 of its isomers, or methamphetamine, its salts, isomers, or 1 28 salts of its isomers. 1 29 A violation of this subsection is a felony punishable under 1 30 section 902.9, subsection 1. A second or subsequent violation 1 31 of this subsection is a class "A" felony. 1 32 2. It is unlawful for a person eighteen years of age or 1 33 older to deliver, or possess with the intent to deliver to a 1 34 person under eighteen years of age, a material, compound, 1 35 mixture, preparation, or substance that contains any 2 1 detectable amount of amphetamine, its salts, isomers, or salts 2 2 of its isomers, or methamphetamine, its salts, isomers, or 2 3 salts of its isomers, or to act with, or enter into a common 2 4 scheme or design with, or conspire with one or more persons to 2 5 deliver or possess with the intent to deliver to a person 2 6 under eighteen years of age a material, compound, mixture, 2 7 preparation, or substance that contains any detectable amount 2 8 of amphetamine, its salts, isomers, or salts of its isomers, 2 9 or methamphetamine, its salts, isomers, or salts of its 2 10 isomers. 2 11 A violation of this subsection is a felony punishable under 2 12 section 902.9, subsection 1. A second or subsequent violation 2 13 of this subsection is a class "A" felony. 2 14 Sec. 3. Section 124.401E, Code Supplement 1999, is amended 2 15 to read as follows: 2 16 124.401E CERTAIN PENALTIES FOR MANUFACTURING OR DELIVERY 2 17 OF AMPHETAMINE OR METHAMPHETAMINE. 2 18 1. If a court sentences a person for the person's first 2 19 conviction for delivery or possession with intent to deliver a 2 20 controlled substance under section 124.401, subsection 1, 2 21 paragraph "c", and if the controlled substance is amphetamine, 2 22 its salts, isomers, or salts of its isomers, or 2 23 methamphetamine, its salts, isomers, or salts of its isomers, 2 24 the court may suspend the sentence, and the court may order 2 25 the person to complete a drug court program if a drug court 2 26 has been established in the county in which the person is 2 27 sentenced or order the person to be assigned to a community- 2 28 based correctional facility for a period of one year or until 2 29 maximum benefits are achieved, whichever is earlier. 2 30 2. If a court sentences a person for a conviction of 2 31 manufacturing of a controlled substance under section 124.401, 2 32 subsection 1, paragraph "c", and if the controlled substance 2 33 is amphetamine, its salts, isomers, or salts of its isomers, 2 34 or methamphetamine, its salts, isomers, or salts of its 2 35 isomers, the court may suspend the sentence, and the court may 3 1 order the person to complete a drug court program if a drug 3 2 court has been established in the county in which the person 3 3 is sentenced, or order the person to be assigned to a 3 4 community-based correctional facility for a period of one year 3 5 or until maximum benefits are achieved, whichever is earlier. 3 6 3. If a court sentences a person for the person's second 3 7 or subsequent conviction for delivery or possession with 3 8 intent to deliver a controlled substance under section 3 9 124.401, subsection 1, and the controlled substance is 3 10 amphetamine, its salts, isomers, or salts of its isomers, or 3 11 methamphetamine, its salts, isomers, or salts of its isomers, 3 12 the court, in addition to any other authorized penalties, 3 13 shall sentence the person to imprisonment in accordance with 3 14 section 124.401, subsection 1, and the person shall serve the 3 15 minimum period of confinement as required by section 124.413. 3 16 Sec. 4. Section 901.10, subsection 2, Code Supplement 3 17 1999, is amended to read as follows: 3 18 2. Notwithstanding subsection 1, if the sentence under 3 19 section 124.413 involvesaan amphetamine or methamphetamine 3 20 offense under section 124.401, subsection 1, paragraph "a" or 3 21 "b", the court shall not grant any reduction of sentence 3 22 unless the defendant pleads guilty. If the defendant pleads 3 23 guilty, the court may, at its discretion, reduce the mandatory 3 24 minimum sentence by up to one-third. If the defendant 3 25 additionally cooperates in the prosecution of other persons 3 26 involved in the sale or use of controlled substances, and if 3 27 the prosecutor requests an additional reduction in the 3 28 defendant's sentence because of such cooperation, the court 3 29 may grant a further reduction in the defendant's mandatory 3 30 minimum sentence, up to one-half of the remaining mandatory 3 31 minimum sentence. 3 32 EXPLANATION 3 33 This bill makes various changes to amphetamine-related 3 34 crimes. 3 35 The bill amends Code section 124.401(5) which relates to 4 1 misdemeanor possession of a controlled substance. The bill 4 2 provides that the court shall impose a minimum two-day jail 4 3 sentence which may be suspended, and shall place the person on 4 4 probation, impose random drug tests as a condition of 4 5 probation, and allow the person's probation officer to place 4 6 the person in jail upon a violation of probation. If the 4 7 controlled substance is amphetamine, the court may require 4 8 intensive probation which shall include random drug testing. 4 9 The bill amends Code section 124.401D and makes changes in 4 10 the penalties applicable to a person 18 years of age or older 4 11 to the crimes of conspiring to manufacture for delivery, 4 12 delivery of, and possession with intent to deliver, or 4 13 conspiracy to deliver, amphetamine to a person under 18 years 4 14 of age. The bill provides that a felony committed under Code 4 15 section 124.401D is punishable by a sentence for an 4 16 indeterminate term not to exceed 99 years. The court may 4 17 reduce the person's maximum sentence by one-third if 4 18 mitigating circumstances exist and the person pleads guilty. 4 19 After a finding by the court that mitigating circumstances 4 20 exist, the court may further reduce the remaining maximum 4 21 sentence if the defendant cooperates in the prosecution of 4 22 other persons. The bill provides that a person sentenced 4 23 under Code section 124.401D must serve a mandatory minimum 4 24 sentence of 10 years of confinement before the person is 4 25 eligible for parole even if the sentence is reduced by 4 26 mitigating circumstances or the court finds the person 4 27 cooperated with the prosecution of others. 4 28 If a person commits a second or subsequent offense of 4 29 conspiracy to manufacture or deliver to a minor, the person 4 30 commits a class "A" felony. 4 31 The bill amends Code section 124.401E applying certain 4 32 penalties for the manufacturing or delivery of amphetamine. 4 33 If a person is convicted of delivery or possessing with intent 4 34 to deliver five grams or less of amphetamine on a first 4 35 offense, the court has the discretion to sentence the person 5 1 to complete a drug court program, if a drug court has been 5 2 established, or to assign the person to a community-based 5 3 correctional facility for a period of up to one year. If a 5 4 person is convicted of manufacturing five grams or less of 5 5 amphetamine, the court may also sentence the person to 5 6 complete a drug court program, or assign the person to a 5 7 community-based correctional facility for a period of up to 5 8 one year. If a person is convicted of delivery of or 5 9 possession with intent to deliver amphetamine for a second or 5 10 subsequent offense, the person shall serve a mandatory prison 5 11 sentence under sections 124.401 and 124.413 and such sentence 5 12 is determined by the amount of amphetamine involved in the 5 13 delivery. 5 14 Current law restricts a person's ability to post a bond 5 15 upon a conviction of or when appealing a felony conviction for 5 16 manufacturing, distributing, or possessing with intent to 5 17 manufacture or distribute amphetamines. Current law generally 5 18 permits a person awaiting sentencing or appealing a conviction 5 19 to post a bond and remain free pending the final decision in 5 20 the case. 5 21 A serious misdemeanor is punishable by confinement for no 5 22 more than one year and a fine of at least $250 but not more 5 23 than $1,500. An aggravated misdemeanor is punishable by 5 24 confinement for no more than two years and a fine of at least 5 25 $500 but not more than $5,000. A class "D" felony is 5 26 punishable by confinement for no more than five years and a 5 27 fine of at least $750 but not more than $7,500. A class "C" 5 28 felony is punishable by confinement for no more than 10 years 5 29 and a fine of at least $1,000 but not more than $10,000. A 5 30 class "B" felony is punishable by confinement for no more than 5 31 25 years. A class "A" felony is punishable by confinement for 5 32 life without the possibility of parole. 5 33 LSB 6478YC 78 5 34 jm/cf/24
Text: HSB00664 Text: HSB00666 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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